Indiana Supreme Court Denies Shepherd’s Appeal Transfer
By Liz Shepherd
InkFreeNews
ROCHESTER — The Indiana Supreme Court has denied Alyssa Shepherd’s petition to transfer her sentence appeal to their court after it was denied by the Court of Appeals in September.
On Oct. 30, 2018, Shepherd, 26, Rochester, was driving a Toyota Tacoma when she struck four children after disregarding a school bus that had stopped to pick up students along SR 25.
Six-year-old twins Xzavier and Mason Ingle; and their sister, 9-year-old Alivia Stahl, died at the scene. Maverik Lowe, who was 11 at the time of the accident, was severely injured.
In a four-day jury trial in October 2019, Shepherd was found guilty on five criminal charges, including three counts of reckless homicide, one count of reckless driving causing bodily injury and one count of criminal recklessness.
In December 2019, Fulton County Superior Court Judge Gregory Heller sentenced Shepherd to four years in prison, three years in community corrections or home detention, and three years on formal probation.
Shepherd is currently serving her prison sentence at Rockville Correctional Facility, with a projected release date of Sept. 17, 2022.
In Shepherd’s petition to transfer her appeal to the Indiana Supreme Court, there were two questions presented by Stacy R. Uliana, Bargersville, who represented Shepherd through her appeal process.
Did the Court of Appeals depart from long-standing Supreme Court precedent by holding that a person criminally charged for a death caused by a car accident is not entitled to instruction explaining her theory of defense as negligence?
Did the Court of Appeals depart from law by finding sufficient evidence that Shepherd acted recklessly when passing a school bus by focusing on what a reasonable person would know versus what Shepherd knew?
Through counsel, Shepherd requested that the transfer be granted in order for clarification to be provided on the law regarding recklessness. The petition to transfer also requested the Indiana Supreme Court vacate the Court of Appeals’ opinion and reverse Shepherd’s convictions.
Shepherd’s petition to transfer her appeal was denied by the Indiana Supreme Court on Dec. 17, with all justices in agreement on the matter.
A status conference regarding restitution in Shepherd’s case is set for 1:15 p.m. March 10, 2021, in Fulton County.